The Right to Remain Silent in a Criminal Investigation: Must a Suspect Give a Statement?

Attorney Gizem Gonce: “The suspect has the right to remain silent; however, this right does not prevent the other evidence in the investigation from being assessed.”

In criminal investigations, the process of taking statements is directly linked to the right of defence, one of the most fundamental procedural safeguards for suspects. What rights does a suspect or defendant have in the face of the accusation? Is a person obliged to give a statement without a lawyer? How do unlawfully taken statements affect the proceedings?

Article 147 of the Code of Criminal Procedure provides that, during the taking of a statement and interrogation, the offence attributed to the suspect or defendant must be explained, they must be informed of the right to choose defence counsel and to benefit from counsel’s assistance, and they must be reminded of the right not to make a statement about the accusation.

Attorney Gizem Gonce notes that knowing one’s rights in a criminal investigation is important for preparing an effective defence and for conducting the proceedings lawfully.

Attorney Gizem Gonce answered the questions

Is a suspect obliged to give a statement to the police or the prosecutor?

Attorney Gizem Gonce: The suspect has the right not to make a statement about the accusation against them. This right is one of the fundamental safeguards of criminal procedure.

However, the right to remain silent is not treated in the same way as the obligation to answer questions about one’s identity. While Article 147 of the Code of Criminal Procedure requires questions about identity to be answered truthfully, it also expressly guarantees the right not to make a statement about the offence attributed.

It is important that the suspect decides whether to give a statement after assessing the content of the file and the possible consequences, and benefits from the assistance of defence counsel where necessary.

Can a suspect give a statement without a lawyer?

Attorney Gizem Gonce: The Code of Criminal Procedure regulates the suspect’s right to choose defence counsel and to benefit from counsel’s legal assistance. The ability of counsel to be present during the statement or interrogation is also part of this safeguard.

Mandatory defence provisions may apply to certain offences and persons. Whether a lawyer must be present in each file should therefore be determined by taking into account the nature of the offence and the special provisions of the law.

It is important that the suspect understands their rights and prepares their defence consciously before giving a statement.

If the suspect is not reminded of the right to remain silent, is the statement automatically invalid?

Attorney Gizem Gonce: The statutory safeguards must be observed when a statement is taken. However, the consequences of a procedural defect are assessed in light of the circumstances of the case and the relevant legislation. It is not correct to say that every alleged defect automatically invalidates the entire investigation or case.

The conditions under which the statement was taken, whether the person was informed of their rights, the opportunity to benefit from counsel’s assistance and the lawfulness of the statement are important. Constitutional and statutory safeguards must also be taken into account when assessing evidence obtained by unlawful methods.

Can the suspect ask for evidence in their favour to be collected?

Attorney Gizem Gonce: Yes. Under Article 147 of the Code of Criminal Procedure, the suspect or defendant must be reminded that they may request the collection of concrete evidence to clear themselves of suspicion. The person must be able not only to respond to the allegations against them but also to put forward matters in their favour.

For example, camera footage, messages, location data or witness statements may be important for clarifying the incident. This evidence must be obtained lawfully and submitted to the investigation in accordance with the procedure.

Can the suspect change their statement after giving it?

Attorney Gizem Gonce: During the investigation and prosecution, the suspect or defendant may comment on their previous statements and point out matters they consider incorrect or incomplete. However, how contradictions between the earlier statement and the later one are assessed is determined by the competent authorities together with the other evidence in the file.

It is therefore important to carefully review the chronology of events and the available evidence before giving a statement. If the person believes they made a statement under pressure or without sufficient understanding, they should demonstrate this within the legal framework and with the evidence available.

The right to remain silent and the right to the assistance of defence counsel are among the fundamental safeguards of criminal procedure. It is important that suspects and defendants know these rights, follow the investigation consciously and prepare their defence lawfully.